James William Wheeler v. United States

Appeal from an order denying, without a hearing, petitioner’s motion for relief pursuant to 28 U.S.C. § 2255.

Petitioner in substance makes four contentions. Of them, three are frivolous.

1. That petitioner pleaded guilty to the criminal charges [robbery of a national bank, 18 U.S.C. § 2113(a)] in reliance upon the opinions of the “arresting F.B.I. agent, attorney, probation officer and several United States marshals that he would not receive a sentence of more than five years,” even if true, would not warrant setting aside his conviction and plea. United States v. Edmo, 456 F.2d 240 (9th Cir.…